United States District Court, N.D. Illinois
June 21, 2004.
The opinion of the court was delivered by: SAMUEL DER-YEGHIAYAN, District Judge
For the reasons stated in the attached memorandum opinion, plaintiff's
petition to proceed in forma pauperis is granted. Based on the reasons
stated in the Court's memorandum opinion dated 6/21/04, this matter is
hereby dismissed. All pending dates and motions are hereby stricken as
moot. The Clerk of the Court is directed to mail a copy of this order
to the Trust Fund Officer at the plaintiff's current place of
incarceration. Terminating case. Enter Memorandum Opinion. ATTACHMENT
of 20 percent of the greater of . . . the average monthly
deposits to the prisoner's account; or . . . the average monthly
balance in the prisoner's account for the 6-month period
immediately preceding the filing of the complaint or notice of
appeal." 28 U.S.C. § 1915(b). Once the initial partial payment is
made Nelson "shall be required to make monthly payments of 20
percent of the preceding month's income credited to [Nelson's]
account . . . [and] [t]he agency having custody of the prisoner
shall forward payments from the prisoner's account to the clerk
of the court each time the amount in the account exceeds $10"
until the full $150 filing fee is paid. Id. The custodian of
Nelson's account is cautioned that "[i]n no event shall the
filing fee collected exceed the amount of fees permitted by
statute for the commencement of a civil action. . . ." Id.
Pursuant to 28 U.S.C. § 1915, the court is required to dismiss
a case "at any time if the court determines that . . . the
allegation of poverty is untrue; or . . . the action or appeal[:]
(i) is frivolous or malicious; (ii) fails to state a claim on
which relief may be granted; or (iii) seeks monetary relief
against a defendant who is immune from such relief."
28 U.S.C. § 1915(e)(2).
Nelson alleges in his complaint violations of 42 U.S.C. § 1983
("Section 1983"). Nelson brings claims against an unnamed
Illinois State's Attorney and two public defenders in his pending
criminal case. The complaint alleges a conspiracy between the
prosecutor, public defenders, and police to "frame" Nelson in his
criminal case, premised primarily upon a delay in the production
of the victim's . . .
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